SECTIONS 5675-5686 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5675-5686

5675. The program established by this chapter shall be administered
jointly by the Department of Parks and Recreation and the Department
of Fish and Game and shall be funded by moneys appropriated from the
Resources Account in the Energy and Resources Fund to the Department
of Parks and Recreation for local assistance grants for urban
fishing projects pursuant to category (b) of Item 379-101-190 of the
Budget Act of 1981 and pursuant to provisions of any budget acts
enacted subsequent thereto that appropriate funds for the program.

5676. The Department of Parks and Recreation shall have principal
responsibility for the review and approval of proposals for
rehabilitating urban lakes in accordance with the eligibility
requirements, evaluative criteria, and procedures specified in this
chapter and for the administration of grants made pursuant to this
chapter. The Department of Fish and Game shall be responsible for
determining the rehabilitative potential of lakes proposed for
funding and shall serve primarily in a technical and advisory
capacity. The final decision to provide funding for each project
shall be based on the cooperative deliberation and mutual
determination of both departments.

5677. To be eligible for funding pursuant to this chapter, a
project shall satisfy all of the following conditions:
(a) The lake is situated in an urbanized area of a standard
metropolitan statistical area.
(b) The lake is close to, and accessible by residents of, an area
comprised of economically disadvantaged persons.
(c) The lake is served by public transportation and is readily
accessible by a large proportion of the residents of the entire
metropolitan area.
(d) There is significant and demonstrated public support and
interest in the community for rehabilitating the lake for
sportfishing purposes.
(e) The lake currently has, or when rehabilitated will have, a
water surface area of not less than three acres.
(f) The lake is located in a public park or recreation area
operated and currently staffed by the applicant.
(g) The lake is held in fee by the applicant or is leased by the
applicant for a term of not less than 25 years.
(h) The applicant has prepared, and submitted as part of the grant
proposal, a plan for rehabilitating the lake that includes evidence
of the potential for the lake, when rehabilitated, to support and
sustain a fish population through natural reproduction; techniques,
procedures, and costs projected for the rehabilitation and future
maintenance and operation of the lake; and an assessment of the
benefits to be derived from implementing the proposal. The plan shall
be suitable for forming the basis of the agreement specified in
Section 5680 if the proposal is approved.

5678. With respect to any project proposal that has satisfied all
the conditions of Section 5677, the departments shall use all of the
following criteria to evaluate the relative desirability and
establish a ranking of all proposals:
(a) An assessment of the needs to be satisfied by an urban fishing
program at the lake, based on the total population, income levels,
age groups, special populations, availability of other recreational
facilities in the area, and such other factors or characteristics of
the area as the Department of Parks and Recreation deems necessary
for a full evaluation of the proposal. Priority shall be assigned to
proposals that will serve a higher proportion of economically
disadvantaged persons and special populations relative to those to be
served under other proposals.
(b) The willingness and ability of the applicant to commence work
immediately upon receiving a grant.
(c) The lake, when rehabilitated, will have relatively lower
maintenance and operation costs.
(d) The applicant's project completion rate with respect to local
assistance grants made pursuant to other programs administered by the
Department of Parks and Recreation and the applicant's general
stewardship record with respect to its parks and recreation
facilities.
(e) The existence of opportunities for alternative and
multiple-use recreational activities at the lake and surrounding
parkland or open-space areas.
(f) Funding the proposal will further a broad geographical spread
of urban fishing programs among metropolitan areas.

5679. Grants may be made to a city, county, or district that
provides park, recreation, or open-space facilities and services and
will operate and maintain the lake. Grants may be expended only for
the rehabilitation and enhancement of lakes, consisting of
improvements such as dredging, water aeration, shoreline
stabilization and reconditioning, basin reconditioning, fish
stocking, and installation of rock shelters, seal coats, and rip-rap.

5680. Disbursement of a grant for an approved proposal shall be
contingent on the recipient's completion of both of the following
conditions:
(a) The grant recipient shall enter into an agreement with the
Department of Parks and Recreation specifying the terms and
conditions under which it shall rehabilitate, develop, maintain, and
operate the urban fishing lake. The minimum term for the agreement
shall be 25 years.
(b) The legal counsel of the grant recipient shall certify to the
satisfaction of both departments that the recipient has met, or will
meet prior to expenditure of any grant funds, all federal, state, and
local environmental, public health, relocation, affirmative action,
and clearinghouse requirements and other applicable laws and
regulations.

5681. Consistent with the provisions of this chapter, the
Department of Parks and Recreation shall specify the procedures to be
followed in applying for grants, establish the terms and conditions
under which grants shall be made, and administer the disbursement of
all grant funds.

5682. Grant funds shall be encumbered by the recipient within two
years of disbursement. Any grant funds not encumbered within this
period shall revert to the Resources Account in the Energy and
Resources Fund.

5683. The grant recipient or any instrumentality of the recipient
shall not charge any fee for fishing at any lake the rehabilitation
of which is financed, in whole or part, pursuant to this chapter.
This prohibition does not extend to any fee charged by the recipient
for any facility or service that is unrelated to fishing at a lake.

5684. This chapter is not intended, nor shall it be construed, to
authorize either the Department of Parks and Recreation or the
Department of Fish and Game to establish any additional personnel
positions or create any new administrative section in connection with
the program established by this chapter.

5685. In order to facilitate the earliest possible start of the
urban fishing program and to gain familiarity with the types of lakes
that are most suitable for rehabilitation for sportfishing purposes,
the Department of Parks and Recreation shall make grants, on a
demonstration basis during the 1981-82 fiscal year only, for the
rehabilitation of lakes that satisfy the requirements and criteria
set forth in this chapter and are representative of lakes of
different size, physical characteristics, and degree of degradation
found in major metropolitan areas of the state.

5686. No grant shall be made under this chapter on or after the
date on which the Energy and Resources Fund is abolished, unless a
later enacted statute which is chaptered before that date changes the
requirements of this section.